(a) Oath of arbitrator. Before hearing any testimony, an arbitrator shall be sworn to hear and decide the controversy faithfully and fairly by an officer authorized to administer an oath.
§ 7506.Hearing
Article 75. Arbitration · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 7506 lays out the ground rules for an arbitration hearing in New York — the arbitrator's oath, notice of the time and place, the parties' right to present evidence and counsel, decision by majority, and which of these requirements the parties may waive.
Full Text of CPLR 7506
(b) Time and place. The arbitrator shall appoint a time and place for the hearing and notify the parties in writing personally or by registered or certified mail not less than eight days before the hearing. The arbitrator may adjourn or postpone the hearing. The court, upon application of any party, may direct the arbitrator to proceed promptly with the hearing and determination of the controversy.
(c) Evidence. The parties are entitled to be heard, to present evidence and to cross-examine witnesses. Notwithstanding the failure of a party duly notified to appear, the arbitrator may hear and determine the controversy upon the evidence produced.
(d) Representation by attorney. A party has the right to be represented by an attorney and may claim such right at any time as to any part of the arbitration or hearings which have not taken place. This right may not be waived. If a party is represented by an attorney, papers to be served on the party shall be served upon his attorney.
(e) Determination by majority. The hearing shall be conducted by all the arbitrators, but a majority may determine any question and render an award.
(f) Waiver. Except as provided in subdivision (d), a requirement of this section may be waived by written consent of the parties and it is waived if the parties continue with the arbitration without objection.
Plain-English Summary
CPLR 7506 walks through an arbitration hearing from start to finish. Before hearing any testimony, the arbitrator must be sworn to decide the case in good faith and without favor. The arbitrator then sets a time and place and gives the parties at least eight days' written notice, though the hearing can be adjourned or postponed, and a court can order the arbitrator to move a stalled hearing forward.
Once underway, each party gets to be heard, present evidence, and cross-examine witnesses — and if a party who received proper notice doesn't show up, the arbitrator can still hear the case and decide it on the evidence presented. Every party also has the right to be represented by an attorney at any stage of the proceeding that hasn't happened yet, a right the statute says cannot be waived away. When more than one arbitrator sits on a panel, all of them must take part in the hearing, though a majority is enough to decide any question and issue the award.
Most of these requirements bend to the parties' agreement: they can waive them in writing, or waive them by continuing with the arbitration without objecting. The one exception is the right to counsel, which stands no matter what the parties agree to.
Frequently Asked Questions
Does an arbitrator have to be sworn in before a hearing in New York?
Yes. CPLR 7506(a) requires the arbitrator to be sworn to hear and decide the case in good faith and without favor before any testimony is taken.
How much notice do I get before an arbitration hearing?
CPLR 7506(b) requires at least eight days' written notice of the hearing's time and place, though the arbitrator may adjourn or postpone it.
Can an arbitrator proceed if one party doesn't show up?
Yes. CPLR 7506(c) lets the arbitrator hear and decide the case on the evidence presented even when a duly notified party fails to appear.
Can I have a lawyer at my arbitration hearing?
Yes, and CPLR 7506(d) says this right cannot be waived — a party may claim it at any point for any part of the arbitration that hasn't yet taken place.
Do all arbitrators on a panel have to agree on the award?
No. CPLR 7506(e) requires all arbitrators to take part in the hearing, but only a majority is needed to decide a question and issue the award.
Can the parties waive the hearing requirements in CPLR 7506?
Most of them, yes — CPLR 7506(f) allows written waiver, or waiver by continuing the arbitration without objection, of every requirement except the right to counsel.
Advisory Committee Notes
Subd (a) of this section adopts the oath provision of CPA § 1455. However, the reference to common-law arbitrations has been eliminated. The waiver provision of CPA § 1455 is found in subd (f). Language has been added to clarify that “an officer authorized to administer an oath” is intended.
Subd (b) of this section is adapted from the second and third subdivisions of CPA § 1454. The five-day notice provision of the former section “exclusive of Saturdays and Sundays” has been changed to an unrestricted eight days to parallel motion and special proceeding notice provisions. Although the arbitrators have the power to order adjournments, most arbitrators are concluded in a single hearing held at the time originally set. See Committee on Arbitration, An Outline of Arbitration Procedure 21-22 (Association of the Bar of the City of New York, Sept. 1, 1956). Provisions in the former section prohibiting adjournment in violation of the agreement have been deleted as unnecessary.
Subd (c) of this section is adopted from Uniform Arbitration Act § 5(b). The rights specified are generally exercised in New York although there was no express provision in the former act. See Committee on Arbitration, An Outline of Arbitration Procedure 23 (Association of the Bar of the City of New York, Sept. 1, 1956); 21 Carmody-Wait, Cyclopedia of New York Practice 502, 507 (1956). The aim of these provisions is to safeguard the essentials of a fair hearing without detracting from informality and dispatch. Unless the parties specify otherwise, the arbitrators do not have to observe strict rules of evidence and procedure. Arbitrators are usually very liberal in receiving evidence, particularly since refusal to hear material evidence may constitute a ground for vacating the award. See Aaron, Some Procedural Problems in Arbitration, 10 Vand L Rev 733, 743 (1957); Pirsig, The New Uniform Arbitration Act, The Business Lawyer 44, 47 (April 1956); Committee on Arbitration, supra at 23; Pirsig, Toward a Uniform Arbitration Act, 9 Arb J (ns) 115, 118 (1954); 21 Carmody-Wait, op cit supra at 513. The provision that the arbitrators may hear and determine the controversy upon the evidence produced, notwithstanding the failure to appear of a party duly notified, is adopted from the practice in New York. Failure to appear is not deemed an admission and the arbitrators still must hear the evidence in deciding the dispute. See American Arbitration Association, Commercial Arbitration Rule V, § 29.
Subd (d) of this section is adopted from former § 1454(1), which was intended to prevent overreaching or unintentional waiver brought about by incorporation by reference of the rules of an arbitration or trade association containing a limitation or prohibition of the right to counsel. Under this subdivision a party always has the right to have his attorney present at the hearing. Although he may not waive this right as to future hearings, his failure to exercise the right does not invalidate hearings at which the party appeared without counsel. For a discussion of the history of present section 1454(1), see 18 NY Jud Council Rep 58 (1952); 17 id. at 76, 218–20 (1951); 16 id. at 89–90 (1950); 15 id. at 52–53 (1949); Amendments of New York Arbitration Statute, 7 Arb J (ns) 87 (1952).
The requirement in subd (e) of this section that the hearing must be conducted by all the arbitrators was formerly found in CPA § 1456. See Bullard v Grace Co. 240 NY 388, 148 NE 559 (1925) (refusal of an arbitrator to continue participating in the hearings before all the proof has been presented requires the appointment of a substitute); 21 Carmody-Wait, Cyclopedia of New York Practice 508–09 (1956). In the event that an arbitrator fails to attend the hearing, a new arbitrator may be appointed pursuant to § 7504. As under CPA §§ 1454(2) and 1456, the arbitrators may exercise their powers by majority decision, unless the parties waive this requirement, by the agreement or otherwise, under subd (f).
Subd (f) of this section adopts the waiver provisions of CPA §§ 1454(2) and 1455. The written consent required may be in the terms of an original agreement or may be thereafter made.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: arbitration hearing rules New Yorkright to attorney at arbitration hearingarbitration hearing notice requirement New Yorkarbitrator oath New York